Bill Text: IA SF96 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to motor vehicles that traverse certain railroad grade crossings against a gate or signal, and providing penalties.(See SF 360.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-22 - Committee report approving bill, renumbered as SF 360. S.J. 398. [SF96 Detail]
Download: Iowa-2023-SF96-Introduced.html
Senate
File
96
-
Introduced
SENATE
FILE
96
BY
GREEN
A
BILL
FOR
An
Act
relating
to
motor
vehicles
that
traverse
certain
1
railroad
grade
crossings
against
a
gate
or
signal,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.341,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
a.
For
violations
of
this
section
3
that
occur
at
a
railroad
grade
crossing
that
has
a
median
4
barrier
and
that
is
established
as
a
quiet
zone
in
accordance
5
with
49
C.F.R.
pt.
222,
subpt.
C,
the
person
may
attend
and
6
successfully
complete,
at
the
person’s
own
expense,
a
driver
7
improvement
program
approved
by
the
department
in
lieu
of
the
8
fine
imposed
under
section
805.8A,
subsection
14,
paragraph
9
“h”
,
subparagraph
(2).
To
be
eligible,
the
person
shall
notify
10
the
clerk
of
court
prior
to
the
date
of
the
person’s
court
11
appearance
as
indicated
on
the
citation
that
the
person
intends
12
to
attend
and
successfully
complete
a
driver
improvement
13
program,
and
shall
submit
to
the
clerk
of
court
written
14
verification
that
the
person
completed
the
driver
improvement
15
program,
signed
by
the
instructor
of
the
program,
within
ninety
16
days
of
the
violation.
17
b.
A
person
who
notifies
the
clerk
of
court
that
the
person
18
intends
to
successfully
complete
a
driver
improvement
program
19
pursuant
to
paragraph
“a”
,
but
who
does
not
submit
the
required
20
written
verification
that
the
person
successfully
completed
the
21
driver
improvement
program
to
the
clerk
of
court
within
ninety
22
days
of
the
violation,
shall
be
assessed
the
fine
described
in
23
paragraph
“a”
on
the
ninety-first
day
after
the
violation.
24
Sec.
2.
Section
805.8A,
subsection
14,
paragraph
h,
Code
25
2023,
is
amended
to
read
as
follows:
26
h.
Railroad
crossing
violations.
27
(1)
For
violations
under
sections
321.341
,
321.342
,
28
321.343
,
321.344
,
and
321.344B
,
the
scheduled
fine
is
two
29
hundred
sixty
dollars.
30
(2)
However,
for
violations
of
section
321.341
that
occur
at
31
a
railroad
grade
crossing
that
has
a
median
barrier
and
that
32
is
established
as
a
quiet
zone
in
accordance
with
49
C.F.R.
33
pt.
222,
subpt.
C,
the
scheduled
fine
is
five
hundred
twenty
34
dollars.
35
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
Currently,
Code
section
321.341
provides
that
when
a
person
4
driving
a
vehicle
approaches
a
railroad
grade
crossing
and
5
a
warning
is
given
by
automatic
signal,
crossing
gate,
or
6
flag
person
of
the
immediate
approach
of
a
railroad
train
or
7
railroad
track
equipment,
the
driver
is
required
to
stop
within
8
50
feet
but
not
less
than
15
feet
from
the
nearest
rail
and
is
9
prohibited
from
proceeding
until
the
driver
can
do
so
safely.
10
In
addition,
the
driver
is
required
to
stop
the
vehicle
and
11
not
traverse
the
railroad
grade
crossing
when
the
crossing
12
gate
is
lowered
or
when
a
human
flagman
gives
or
continues
to
13
give
a
signal
of
the
approach
or
passage
of
a
railroad
train
14
or
railroad
track
equipment.
A
violation
of
this
provision
is
15
punishable
by
a
scheduled
fine
of
$260.
16
This
bill
provides
that
when
a
violation
of
Code
section
17
321.341
occurs
at
a
railroad
grade
crossing
that
has
a
median
18
barrier
and
that
is
established
as
a
quiet
zone
in
accordance
19
with
federal
regulations,
the
violation
is
punishable
by
a
20
scheduled
fine
of
$520.
However,
the
bill
allows
the
person
to
21
attend
and
successfully
complete,
at
the
person’s
own
expense,
22
a
driver
improvement
program
approved
by
the
department
of
23
transportation
in
lieu
of
the
fine.
To
be
eligible,
the
24
person
must
notify
the
clerk
of
court
prior
to
the
date
of
the
25
person’s
court
appearance
that
the
person
intends
to
attend
26
and
successfully
complete
a
driver
improvement
program,
and
27
must
submit
to
the
clerk
of
court
written
verification
that
28
the
person
completed
the
program,
signed
by
the
instructor
of
29
the
program,
within
90
days
of
the
violation.
If
a
person
30
notifies
the
clerk
of
court
of
the
person’s
intent
to
complete
31
the
program
but
fails
to
submit
the
required
verification
of
32
completion
within
90
days,
the
person
must
be
assessed
the
$520
33
fine.
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